In this decision of the Divisional Court of the Ontario Superior Court of Justice, the United Food & Commercial Workers Union Canada, Locals 175 & 633 (the “Union”) succeeded in its application for judicial review of an award of Arbitrator Dana Randall.
The award dealt with a grievance stemming from the sexual assault of a seventeen-year-old employee of the Copper River Inn and Conference Centre (the “Employer”) in Fort Frances, Ontario while at work.
The Union argued that Arbitrator Randall’s award was unreasonable as the Arbitrator failed to:
• identify the basis for upholding the grievance;
• make necessary findings of credibility;
• determine whether the Employer breached the Ontario Human Rights Code and the Occupational Health and Safety Act; and
• engage in the proper damages analysis under those statutes.
The Union further argued that the award was tainted by flawed logic, relied on myths and stereotypes regarding sexual assault, and failed to engage with relevant case law and evidence before the Arbitrator.
The Court concluded that the Union’s position was well-founded on all points and quashed the Arbitrator’s award. The Court also ordered a fresh hearing of the grievance before a new arbitrator.